Jiban Kumar Ganguly v. State Of West Bengal And ORS.

FRIDAY Court : 08 Item : DL-02 Matter : RVW Status : DISMISSED Bench ID : 266006 Transcriber : NANDY

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RVW 175 of 2022 Jiban Kumar Ganguly Vs.

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman, Advocate Ms. Maria Rahaman, Advocate Mr. Iqra Rahaman, Advocate ...... for the Petitioner Mr. Arjun Roy Mukherjee, Advocate Ms. Debapriya Mitra, Advocate ......for the State

1. The instant review application is taken out against the order/judgment dated 06.07.2022 passed by this Court disposing the writ-petition filed assailing the order of the Tribunal.

2. It has been categorically observed that the temporary employee having engaged for a specific purpose cannot claim the status of a permanent employee and the moment the engagement is discontinued, it does not create any right into a person to get it reengaged. It is within the domain of the Government whether to engage or not for which the Court cannot substitute itself into the armchair of the Government and usurp the power of the authority and pass direction of such nature.

3. The review jurisdiction cannot be stretched too far to pass a fresh direction which has been consciously negated in the judgment under scrutiny nor can the jurisdiction of the review be expanded to such a horizon which opens all the

points available or agitated before the Court in the original proceeding and to pass a further direction.

4. We do not find any error on the fact of the record nor do we find any case made out which comes within four corners of Order XLVII Rule 4 of the Code of Civil Procedure.

5. We thus do not find any merit in the review application.

6. The same being RVW 175 of 2022 is hereby dismissed. No order to costs.

(Harish Tandon, J.) (Shampa Dutta (Paul), J)